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New Regulations for Submission of PPPs Projects
Bustamante & Bustamante Law Firm, July 2017

The Interinstitutional Committee for PPP has enacted new regulations for submission of PPPs Projects for its analysis and approval. This new regulation contains the minimum requirements and guidelines that a PPP Project must fulfill to obtain the prior authorization of the Interinstitutional Committee for PPP, before the public entity initiates the bidding process...

Bidding Process for PPP Project, Port Providencia (Manta-Manaos International Route)
Bustamante & Bustamante Law Firm, June 2017

The Ministry of Transport and Public Works (Ministerio de Obras Públicas y Transporte) of Ecuador, which is entitled of the management of the ports had issued the invitation to the public bidding process...

Regulation for PPP Incentives Law
Bustamante & Bustamante Law Firm, May 2016

In the Executive Decree N° 1040 was enacted on May 23rd 2016, and contain the Regulation for the PPP Incentives Law. This Executive Decree is still pending to publishing in the Official Gazette, however is in force.This regulation establishes the following provisions that will regulate a PPP contract:Creates a fast track process for PPP projects, based in the studies of the public entity...

New Modifications to the Ecuadorian Labor Regime
Bustamante & Bustamante Law Firm, March 2016

In the Official Gazzette 720 of March 28th, 2016 was published the Development of Youth Work, Exceptional Regulation to the Working Time and Unemployment Insurance Organic Act (Ley Orgánica para la Promoción del Trabajo Juvenil, Regulacion Excepcional de la Jornada de Trabajo, Cesantia y Seguro de Desempleo).This brand-new Act modifies the following laws:Labor CodeCreates the new labor figure of Youth Work, which can be sign with persons between 18 to 26 years old...

Recent Constitutional Amendments
Bustamante & Bustamante Law Firm, December 2015

The current Constitution of Ecuador was enacted in 2008. In the past seven years it had few changes. The last one was introduced by a resolution of the National Assembly (Congress), which was issued on December 21th 2015. This last amendments are: Reelection of popular election authorities (elected by voting).- The amendments allows to the current authorities to run as candidates to be re-elected indefinitely...

New Law of Incentives for Public Private Partnerships and Foreign Investment
Bustamante & Bustamante Law Firm, December 2015

On December 18th was enacted the Organic Law of Incentives for Public Private Partnerships and Foreign Investment. This law is intended to promote synergies between the private and the public sector. It is based in the principles of fiscal sustainability, Risk allocation, Value for money, respect to interests and rights of the users, property rights and social inclusion...

Bill of law regarding Public Private Partnerships by the urgent procedure
Bustamante & Bustamante Law Firm, September 2015

The president Correa sent to the National Assembly, the bill of law regarding Public Private Partnerships by the urgent procedure. A new governmental approach is starting to rise regarding private participation in sectors where the State became the sole protagonist...

Winds of change in Investment Regulations in Ecuador
Bustamante & Bustamante Law Firm, September 2015

Since the Executive Decree N°1793 that was enacted in June of 2009, the investment regulations in Ecuador suffered a 180 degrees change. The limitations of classification to become a supplier to the state, and the mandatory authorization by the public entity for approving the transfer of the shares of the contractor to another company, limited the participation of foreign investors in the economy...

Instructive for the Monitoring and EX Post Control of the Corporate, Securities, and Insurances Superintendence
Bustamante & Bustamante Law Firm, August 2015

With the enactment in May 2014 of the Organic Law for Strengthening and Optimization of the Corporate and Securities Sectors (OLSOCSS), the role of the Corporate, Securities, and Insurances Superintendence (CSIS) were modified. Previously, the CSIS has the assignment of approving ex ante all of the corporate acts that a company wanted to make. However, with the enactment of the OLSOCSS the CSIS went on to have only assignment of monitoring and have ex post control...

Last Reforms to the Ecuadorian Civil Code
Bustamante & Bustamante Law Firm, July 2015

The Ecuadorian Civil Code is based in the code that made the great Chilean jurist Andrés Bello. The majority Civil Codes in Latin America are based in the Andres Bello Civil Code´s, which is based on the Civil Code of Napoleon Bonaparte. It has had several reforms over the time, on which attempt has been made to update to the reality and circumstances of each time. The Ecuadorian Civil Code is divided in four books: i) Persons; ii) Goods; iii) Succession upon death; and, iv) Obligations...

The State Capitalism Versus the Public Private Partnership in Ecuador
Bustamante & Bustamante Law Firm, June 2015

Ecuador is no stranger to the “State Capitalism” economic stream which prevailed in South America in the last two decades. This way to directly involve the central government to the country’s economy has triggered deep changes to the commercial relationships...

Recent Reforms To The Ecuadorian Labor Regime
Bustamante & Bustamante Law Firm, May 2015

Since 2 years ago Ecuador is going through a deep actualization process of its legal regulations. The Criminal Code, the Companies Act has been reformed and the Civil Code reforms, as well as procedural rules reforms of trials are in the final step of approbation. One of the most important reforms performed in the last days are the ones related with the Labor Code, which regulates labor relationship between employers and employees...

New Standard for Interest Rates for MORA
Bustamante & Bustamante Law Firm, November 2013

The Board of the Central Bank of Ecuador issued a new rule governing interest rates for late payment, which seeks to encourage timely payment of claims by customers of the institutions of the national financial system.The new rule establishes a scale of percentages to calculate the default rate of up to 10% in credit operations. The settlements will be made only for the amount due of principal and only from the date of non-payment until the day of fulfillment of obligations...

Label Generic Drugs Should Include the Words 'Generic Drug'
Bustamante & Bustamante Law Firm, November 2013

In a statement issued by the National Regulatory Agency, Control and Surveillance (ARCSA), drugs that are sold in Ecuador must have labels stating the words 'generic', otherwise it can not be marketed as of January 24, 2014...

Bidding for Port of Manta (Ecuador)
Bustamante & Bustamante Law Firm, February 2013

As you may well be aware of, the Manta Multipurpose Deepwater Terminal Concession project was awarded to Hutchison by November 17, 2006. I personally assisted Hutchison in the process, from the time immediately after tendering its offer to the time the concession agreement was executed. then, Hutchison took its own path and, eventually, the relationship between the Port Authority and Hutchison was over...

 

 

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